Statutes, codes, and regulations
New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATIONChapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES
Part 10 - FURLOUGH, REDUCTION IN FORCE, REEMPLOYMENT, SEPARATION WITHOUT PREJUDICE
Section 1.7.10.10 - RETURN FROM REDUCTION IN FORCE

N.M. Admin. Code § 1.7.10.10

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Current through Register Vol. 35, No. 21, November 5, 2024
Section 1.7.10.10 - RETURN FROM REDUCTION IN FORCE
A. Former employees who were in career status at the time of separation by a reduction in force shall have reemployment rights within the classified service, for a six-month period, under the following provisions:
(1) Former employees shall be returned to work in order of highest service date as determined by Subsection D of 1.7.10.9 NMAC to any position to be filled within the agency from which the employee was laid off. The position must contain the same or lower midpoint as that held at the time of the former employee's separation, provided the former employee has made application for said position and meets the established requirements;
(2) Reemployment to positions and agencies, other than the agency from which the former employee was laid off, shall extend when any position is to be filled. The position must contain the same or lower midpoint as that held at the time of the former employee's separation, provided the former employee has made application for said position and meets the established requirements. If, when an agency intends to fill a position, there is more than one eligible former employee with rights to return to work under this rule, the agency shall select the former employee who is best qualified in the agency's opinion;
(3) Offers of employment shall be made in writing and shall be delivered by a method that provides proof of service or attempted service;
(4) A former employee who is offered and accepts employment after layoff shall occupy the position within 14 calendar days of accepting the offer of employment or forfeit the right to employment ; and
(5) Any former employee who refuses an offer of employment or fails to respond to an offer of employment within 14 calendar days shall be removed from the employment list for the position offered.
B. Former employees returned to work according to the provisions of Subsection A of 1.7.10.10 NMAC shall have that period of time they were laid off counted as time in the classified service, shall hold the status of the position in accordance with 1.7.2.9 NMAC, 1.7.2.10 NMAC or 1.7.2.11 NMAC and do not have to serve a new probationary period if reemployed into career status.

N.M. Admin. Code § 1.7.10.10

1.7.10.10 NMAC - Rp, 1 NMAC 7.10.10, 07/07/01; A, 11/14/02